07/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 28, 2016 The first item was the fact if the foundations of the existing house and the new accessory structure were connected, and that the basements were accessible through to the accessory apartment. The other item that was discussed was the letter submitted by the homeowner explaining her detailed situation. Town Counsel explained that the word in the bylaw stating"incidental"means"related to"and referring to family members,and is not intended as a rental or rooming house. The area is not zoned for a two family, or a rooming house, and should only have one meter,no separate utilities. Chairman Furbush read the Board of Health comments into the record. "Septic shall be upgraded prior to occupancy." Mr. Bonvie made a motion to approve the accessory apartment with the following conditions under the bylaw special permit: The basement of the accessory apartment when constructed has to connect to the existing home, and one has to have the ability to walk to and from each section of the new home into the existing home through the basement below grade. Said pathway is to remain open to both foundations. A Board of Health comment that the septic system shall be upgraded prior to the occupancy of the apartment. The accessory apartment shall not be a rental or rooming house. The area is not zoned as two- family, or for a rooming house, and should only have one meter; no separate utilities. Mr. Blaisdell seconded. All were in favor of the accessory apartment. 79 Cayuea Avenue: Petitioner, David J. Rivera requests a Variance under §174-31 from the front and side yard setbacks, and lot coverage requirements to allow for construction of a garage and porch on property located in an R-3 Zoning District, Map 58 Parcel 12, Mashpee MA. (Owner of Record: Kristen E. Ferguson).(Continued from September 14,2016 hearings at the request of the Board). Mr. David Rivera returned to discuss his project. At the last hearing the Board requested he provide a revised plot plan because it was over the percent lot coverage. The Board also requested that he provided letters from the neighbors for the record. He provided two plot plans, one that depicted 16' foot wide garage and a 14' foot wide garage. He would prefer the 16' foot wide garage. He would consider removing the shed to lower the lot coverage. The Board discussed the location of the shed, and that they would prefer the shed be moved 5 feet from all property lines. They also would prefer the 14 foot wide garage rather than the 16 foot wide garage. The lot coverage is 17.6% with the 14 foot wide garage. The applicant said he will remove the shed. Chairman Furbush read an abutter letter from Lynne Catarius, at 85 Cayuga Ave., Mashpee, MA. He also read an abutter letter from Mina Greene and Doug'Fribush, at 80 Cayuga Ave., Mashpee, MA. He read the Board of Health comments into the record, and the DPW comment regarding a curb cut permit. 3